RAMAN KUMAR Vs. NEELAM KUMARI

JUDGEMENT

(1.) The petitioners have challenged the application filed by respondent against them under Sec. 12 of the J&K, Protection of Women from Domestic Violence Act, 2010 (hereinafter to be referred as "the DV Act"), which is stated to be pending before the Court of learned Judicial Magistrate 1stClass (Addl. Munsiff, Samba). Challenge has also been thrown to order dtd. 9/9/2022, whereby the learned Magistrate has issued notice to the petitioners and petitioner No. 1 has been directed to pay interim monetary compensation of Rs.8000.00 per month to the respondent/complainant.

(2.) As per case of the petitioners, marriage between petitioner No. 1 and respondent was solemnized on 20/10/2021 and within a short period of time, the respondent acted with cruelty against her husband and his family members, i.e. the petitioners herein. It has been alleged that the behavior of the respondent against the petitioners remained rude, impolite and coercive.

(3.) It has been further contended that the respondent started making false allegations against the petitioners and misbehaved with them. It has been also averred that the respondent left the company of petitioner No. 1 and her matrimonial home without informing petitioner No. 1 and his other family members. It is averred that on 4/5/2022 at the time when the respondent left her matrimonial home, she took away alongwith her all the gold ornaments and cash of Rs.4.00 lacs. It has been submitted that petitioner No. 1, in view of adulterous life of the respondent and her bad attitude towards the petitioner No 1 and his family members including his mother, filed a petition under Sec. 13 of Hindu Marriage Act for dissolution of the marriage before the Court of learned Principal Family Court, Jammu and as a counterblast to the same, the respondent filed an application under Sec. 9 of Hindu Marriage Act against petitioner No. 1 for restitution of conjugal rights and she also filed the impugned complaint against the petitioners levelling false allegations against them. It has been submitted that the respondent by filing the impugned application has abused the process of the Court and the learned Trial Magistrate, without verifying the facts mentioned in the impugned complaint, has passed the impugned order dtd. 9/9/2022, whereby petitioner No. 1 has been directed to pay Rs.8000.00 per month as interim monetary compensation to the respondent.